HomeMy WebLinkAbout17-202 - Sound Transit / Puget Sound Energy - Right of Entry for Tukwila Sounder Station at Strander Boulevard17-202 (c)
Council Approval N/A
THIRD AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS THIRD AMENDMENT TO RIGHT OF ENTRY AGREEMENT (the "Amendment")
is made as of this 14th day of February 2019, between the CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT), a regional transit authority
formed under the laws of the State of Washington ("Sound Transit"), as Licensor, and the
CITY OF TUKWILA (the "City").
A. As of November 28, 2017, Sound Transit and the City entered into a Right of
Entry Agreement and amended by the First Amendment to Right of Entry Agreement dated
February 21, 2018 and the Second Amendment to Right of Entry Agreement dated August 15,
2018 ("Agreement") to allow the City the right to conduct survey work associated with the
Strander Boulevard Project, as more particularly described in the Agreement;
B. The term of the Agreement expires February 28, 2019 and the City has notified
Sound Transit that it wishes to extend the Agreement for an additional six (6) months; and
C. Sound Transit and the City desire to amend the Agreement to reflect the
extended term and updated Sound Transit contact information. For the purpose of this
Amendment, all terms defined in the Agreement shall have the same meaning in this
Amendment.
NOW THEREFORE, for valuable considerations received, Sound Transit and the City
hereby agree as follows:
1 Section 3 Term is hereby amended as follows:
This Agreement shall be extended for a period of six (6) months beginning March 1,
2019 and ending August 31, 2019.
2. Section 4.a is hereby deleted in its entirety and replaced with the following:
"At least 48 hours prior to initially entering the Property, the City shall notify Sound
Transit Property Management Assistant Manager, Elizabeth Dent, at 206.999.3122."
3. Section 4.b is hereby deleted in its entirety and replaced with the following:
"After the initial entry, the City shall notify Elizabeth Dent (206.999.3122) each
morning prior to entering the Property."
4. Except as amended herein, all other articles, terms, and conditions of the Agreement
are unchanged and remain in effect.
3rd AM to City of Tulcwila_Strander ROE.doc
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year
first above written.
CENTRAL PUGET SOUND REGIONAL CITY OF TUKWILA
TRANSIT AUTHORITY
Nancy Bennett
Property Management Manager
Title
Title U
,
- - 9
Date Date
APPROVED AS TO FORM:
Sound Transit Legal Counsel
3rd AM to City of Tukwila_Strander ROE.doc 2
17-202 (b)
Council Approval N/A
SECOND AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS SECOND AMENDMENT TO RIGI-IT OF ENTRY AGREEMENT (the
"Amendment") is made as of this 15th day of August 2018, between the CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT), a regional transit
authority formed under the laws of the State of Washington ("Sound Transit"), as Licensor,
and the CITY OF TUKWILA (the "City").
A. As of November 28, 2017, Sound Transit and the City entered into a Right of
Entry Agreement and amended by the First Amendment to Right of Entry Agreement dated
February 21, 2018 ("Agreement") to allow the City the right to conduct survey work
associated with the Strander Boulevard Project, as more particularly described in the
Agreement;
B. The term of the Agreement expires August 31, 2018 and the City has notified
Sound Transit that it wishes to extend the Agreement for an additional six (6) months; and
C. Sound Transit and the City desire to amend the Agreement to reflect the
extended term. For the purpose of this Amendment, all terms defined in the Agreement shall
have the same meaning in this Amendment.
NOW THEREFORE, for valuable considerations received, Sound Transit and the City
hereby agree as follows:
Section 3 Term is hereby amended as follows:
This Agreement shall be extended for a period of six (6) months beginning September
1, 2018 and ending February 28, 2019.
2. Except as amended herein, all other articles, terms, and conditions of the Agreement
are unchanged and remain in effect.
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2nd AM to City of Tukwila_Strander ROE.doc
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year
first above written.
CENTRAL PUGET SOUND REGIONAL CITY OF TUKWILA
TRANSIT AUTHORITY
Nancy Bennett
Property Management Manager
Title
Date
APPROVED AS TO FORM:
Sound Transit Legal Counsel
2nd AM to City of Tukwila_Strander ROE.doc
Title
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ket
Print Name
{\1\11A(
Date
17-202(a)
Council Approval N/A
FIRST AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS FIRST AMENDMENT TO RIGHT OF ENTRY AGREEMENT (the "Amendment") is
made as of this 21st day of February 2018, between the CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT), a regional transit authority
formed under the laws of the State of Washington ("Sound Transit"), as Licensor, and the
CITY OF TUKWILA (the "City").
A. As of November 28, 2017, Sound Transit and the City entered into a Right of
Entry Agreement ("Agreement") to allow the City the right to conduct survey work associated
with the Strander Boulevard Project, as more particularly described in the Agreement;
B. The term of the Agreement expires February 28, 2018 and the City has notified
Sound Transit that it wishes to extend the Agreement for an additional six (6) months; and
C. Sound Transit and the City desire to amend the Agreement to reflect the
extended term. For the purpose of this Amendment, all terms defined in the Agreement shall
have the same meaning in this Amendment.
NOW 'THEREFORE, for valuable considerations received, Sound Transit and the City
hereby agree as follows:
1. Section 3 Term is hereby amended as follows:
This Agreement shall be extended for a period of six (6) months beginning March 1,
2018 and ending August 31, 2018.
Except as amended herein, all other articles, terms, and conditions of the Agreement
are unchanged and remain in effect.
[SIGNATURES NEXT PAGE]
1st AM to City of Tukwila_Strundv ROE doc
Please Initia
IN WITNESS W1IFREOF, the parties hereto have executed this Amendment the day and year
first above written.
CENTRAL PUGET SOUND REGIONAL CITY OF TUKWILA
TR4NSIT AUTHORITY
Property Management Manager
Title
APPROVED AS TO FORM:
A
4
Sound Transit Legal Counsel
1st AM to Cuy of Tukwik,Strancler ltOE doe,
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Print Name
Title
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Date
17-202
Contract Approval N/A
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Agreement") is between CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY ("Sound Transit"), as Grantor, the undersigned Owner of the following
described property and the CITY OF TUKWILA (the "City"), as Grantee. The property is described as
follows:
Address(es): Tukwila Sounder Station at Strander Blvd. (the "Property")
1. Grant of Right of Entry. Sound Transit grants to the City a non-exclusive revocable right of
reasonable access to enter, cross, and conduct its permitted activities on the Property as set forth below.
The Property is more fully depicted on Exhibit A.
2. Permitted Activities. The City may access the Property solely for the purpose of survey work
associated with the Strander Boulevard Project ("Permitted Activities").
The City will not permit any other party, except the City's duly authorized representatives, employees,
agents and independent contractors (collectively "Representatives") to enter or use the Property. The
City will be responsible for its Representatives' compliance with the terms of this Agreement.
3. Term. The Agreement shall commence on November 15, 2017 and shall terminate on February
28, 2018 unless terminated earlier by either party.
4. Conditions of Use.
a. At least 48 hours prior to initially entering the Property, the City shall notify Sound Transit
Property Management Assistant Manager, Dustin York, at 206.999.3122.
b. After the initial entry, the City shall notify Dustin York (206.999.3122) each morning prior to
entering the Property.
c. The City shall not interfere with the normal operations of Sound Transit, its contractors or its
permittees, the Tukwila Sounder Station, or any freight rail operator including BNSF Railway.
d. General purpose vehicular ingress/egress and bus access/egress shall be maintained at all times
during the City's use of the Property. The City may not block or use any parking spaces
designated for commuters.
e. The City shall not store materials on the Property.
f. The City shall properly remove and dispose of all construction debris and other such material.
Materials such as mud, soils, cutting, clurry, etc. shall be collected and disposed of at an
appropriate disposal site. The City shall in no event dispose of hazardous materials on the
ground surface of the Property.
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City of Tukwila Right of Entry 1 of 7 Please Initial
g.
Excavations shall be backfilled and compacted to ninety-five percent (95%) Modified Proctor
Density (ASTM D1557 or AASHTO T-180) in all areas per WSDOT Specification Section 2-
09.3 (1)E Backfilling, "Compaction", item 1.
h. If any suspected cultural or historical resources or artifacts are discovered in the course of
excavation or ground disturbance, work in the immediate vicinity of the find should be halted
and Sound Transit must be notified as soon as possible by calling Environmental Planner Elma
Borbe (206.398.5445). The discovery location should be secured at all times and construction
work should be directed away from the resource. Work will start again upon written
authorization by Sound Transit.
i. The City shall conduct its activities on the Property in a safe manner and shall be solely
responsible for the safety of all persons and property during its use of the Property.
The City shall be responsible to contact one -number locator services and Sound Transit's
Facilities Operations at 206.398.5155 to locate existing underground utilities, including but
not limited to, transmission lines and private fiber optics communications lines. The City shall
be responsible for any damage to any utility caused by the City or its Representatives in
violation of RCW Chapter 19.122.
k. The City shall be responsible for any damage done to the Property by the City or its
Representatives.
1. The City shall repair and restore the Property to as good or better condition as existed before the
City's or its Representative's entry onto the Property.
m. Sound Transit and its authorized representatives shall have free access to the Property at all
times.
n. Either party may revoke this Agreement at any time by providing the other party with thirty (30)
days advance written notice.
5. Contacts.
Written notices and any other communications concerning the Property, except as provided
above, shall be provided to the Representatives of the parties designated below. Unless expressly
otherwise agreed between the parties every notice or response required by this Agreement to be served
upon Sound Transit or the City shall be in writing and shall be deemed to have been duly given to the
required party: (a) five (5) business days after being posted in a properly sealed and correctly
addressed envelope when sent by mail, postage prepaid, or (b) upon receipt when sent by overnight
delivery through a nationally recognized courier service which provides a receipt of delivery, or (c)
upon receipt when hand delivered.
The notices or responses to Sound Transit shall be addressed as follows:
Sound Transit
Property Management Manager
Attn: Nancy Bennett
City of Tukwila Right of Entry 2 of 7 Please Initi�
401 S. Jackson St.
Seattle, WA 98104
Phone: 206.398.5401
Email: nancy.bennett@soundtransit.org
The notices or responses to the City shall be addressed as follows:
City of Tukwila
Attn: Steve Carstens, PE
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
Phone: 206.431.2446
Email: steve.carstens@tukwilaWA.gov
Sound Transit and the City may designate such other addresses from time to time by giving
written notice to the other but notice cannot be required to more than one address.
6. Liability/Indemnity.
Sound Transit, its officers, directors, and employees (together "Sound Transit") shall not be
liable for any injury (including death) to any persons or for damage to any property regardless of how
such injury or damage be caused, sustained or alleged to have been sustained by the City or by others,
including but not limited to all persons directly or indirectly employed by the City or any agents,
contractors, subcontractors, permittees, or invitees of the City as a result of any condition in the Property
or occurrence (including failure or interruption of utility service) whatsoever related in any way to the
Property and the areas adjacent thereto, or related in any way to the City's use or occupancy of the
Property and of areas adjacent thereto, except to the extent caused by Sound Transit or its
representatives.
The City agrees to defend, indemnify and hold harmless Sound Transit from and against any
and all claims, demands or causes of action and the resulting losses, costs, expenses, reasonable
attorney fees, liabilities, damages, orders, judgments or decrees arising out of the acts, errors, or
omissions of the City or its agents, independent contractors, or employees related to or in any way
arising out of the City's activities, its use, occupancy or exercise of the privileges granted under this
Agreement and/or from the City's failure to obtain necessary utility locates and/or permissions to
conduct its activities. To the extent that RCW 4.24.115 applies, and such claims, suits, or actions result
from concurrent negligence of the parties, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the negligence of the City, its agents, subcontractors or employees; and
provided further, that nothing herein shall require the City to hold harmless or defend Sound Transit from
any claims, demands, suits at law or equity, actions, penalties, losses, damages or costs arising from the
sole negligence of Sound Transit. The City specifically assumes potential liability for any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents against Sound
Transit. For this purpose, the City, by mutual negotiation, hereby waives, with respect to Sound Transit
only, any immunity that would otherwise be available to the City against such claims under the industrial
insurance provisions of Title 51 RCW or any applicable industrial insurance, disability act or employee
benefit act of any other jurisdiction that would be applicable in case of such a claim.
City of Tukwila Right of Entry 3 of 7 Please Initial
In addition the City agrees to protect, defend, and indemnify and hold Sound Transit harmless for
any suits, claims, damages, strict liabilities, and costs or liabilities associated the City's violation of
applicable environmental laws and regulations regarding the release, deposit, disposal, removal or
remediation of any Hazardous Substance (including petroleum and gasoline products) onto or from the
Property as a result of the the City's use of the Property. Notwithstanding anything in the Agreement to
the contrary, the City shall be responsible for only such Hazardous Substances that the City, its
subcontractors, agents or employees, cause to be released, deposited, spilled or improperly disposed of
from or onto the Property. "Hazardous substances" for purposes of this section include, but are not
limited to, those substances included within the definition of "hazardous substances," "hazardous
materials," "toxic substances," "hazardous wastes" or solid wastes in any federal, state or local law,
statute, ordinance, regulation, order, or rule pertaining to health, industrial hygiene, environmental
conditions or hazardous substances. "Costs" shall include, but not be limited to, all response or
remediation costs, disposal fees, investigation costs, monitoring costs, civil or criminal penalties,
attorneys' fees, and other litigation costs incurred in connection with such response or remediation.
This indemnification section shall survive the expiration or earlier termination of this Agreement.
Initial here
7. Insurance.
The City shall at its expense procure and maintain throughout the term of the Agreement, and
provide proof to Sound Transit that the City and its contractors have secured the following insurance
policies:
a. Commercial Liability insurance in amounts of not less than a combined single limit of
$2,000,000 or in such other amounts as Sound Transit may from time to time reasonably
require, insuring the City, Sound Transit, Sound Transit's agents and their respective
affiliates against all liability for injury to or death of a person or persons or damage to
property arising from the use and occupancy of the Property.
b. Commercial Liability insurance described in (a) above, shall include coverage for Bodily
Injury and Property Damage Liability, Personal Injury liability and containing endorsements
covering Contractual Liability, Fire Legal Liability and Stop -Gap coverage endorsements
sufficient to cover the City's indemnity obligations hereunder.
c. Automobile Liability insurance in amounts of not less than a combined single limit of
$1,000,000 covering the City owned, non -owned, leased or rented vehicles.
d. Workers' Compensation and Employers' Liability in accordance with the provisions of Title
51 of the Revised Code of Washington and covering the City's employees' industrial
accidents and injuries.
f. Unless approved by Sound Transit in advance and in writing, the insurance coverages required
by this section shall not be subject to any deductible or self -insured retentions of liability
greater than Twenty-five Thousand Dollars ($25,000) per occurrence. The payment of any
such deductible or self -insured retention of liability amounts remains the sole responsibility
of the City.
City of Tukwila Right of Entry 4 of 7 Please Initial C/[
g.
Prior to entering the Property, the City shall furnish Sound Transit with a Certificate(s) of
Insurance executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements set forth above and naming Sound Transit and BNSF
Railway as an additional insured. Insurance coverage shall be primary as respects Sound
Transit, and any other insurance maintained by Sound Transit shall be excess and not
contributing. The City and its insurers shall require that the applicable insurance policies be
endorsed to waive their right of subrogation against Sound Transit. A copy of the Additional
Insured Endorsement(s), Primary and Non -Contributory Endorsmement(s) and Waiver of
Subrogation Endorsement(s), for both General Liability and Auto Liability, must be attached
to the required Certificate(s) of Insurance.
h. Sound Transit reserves the right to reasonably modify the required insurance coverage to
reflect the then -current risk management practices and underwriting practices in the
insurance industry.
8. Compliance with Laws. While on the Property, the City and its Representatives must comply
with all applicable federal regulations (49CFR214), state and local laws, regulations, and codes,
including but not limited to RCW 19.122. The City and its Representatives must also comply with all
Sound Transit rules and regulations rules during its use of the Property. Illegal activities are prohibited
under this Agreement.
9. Liens. The City shall pay for all materials and labor used on the Property and shall not allow
any liens to attach to the Property.
10. Permits and Licenses. Sound Transit makes no representation or warranty as to the quality of
its title in the Property. The City shall be responsible to perform its own due diligence in that regard
and hereby acknowledges that the Property may be subject to preexisting encumbrances, licenses,
leases, easements, and agreements that may conflict with or limit its intended use of the Property. The
City shall be solely responsible for securing any and all required permits, franchises and licenses, at
the City's expense, for conducting its Permitted Activities and shall be solely responsible for obtaining
necessary property rights from third parties, including but not limited to the potential owners of
reversionary interests in the Property, abutting landowners, and theholders of pre-existing interests.
11. Attorneys' Fees. In the event that either party commences litigation or arbitration
proceedings against the other party relating to the performance or alleged breach of this Agreement,
the prevailing party shall be entitled to all costs, including reasonable attorneys' fees incurred, relating
to such litigation, including those incurred in the event of any appeal.
12. Jurisdiction and Venue. Any litigation filed by either party arising out of or relating to this
Agreement shall be filed in King County Superior Court except as to matters which are exclusively
within the jurisdiction of the Federal Court and as to such matters venue shall be in the Western
District of the United States District Court in Seattle, Washington.
13. Miscellaneous. The headings and sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be of any weight in the
interpretation of construction of the provisions of such sections or paragraphs. This Agreement
City of Tukwila Right of Entry 5 of 7 Please Initii`
contains the entire agreement between the parties and, in executing it, Sound Transit and the City do not
rely upon any statement, promise, or representation, whether oral or written, not expressed herein.
14. Assignment. This Agreement and the rights, duties and obligations given hereunder may not be
assigned, transferred, or otherwise conveyed by the City.
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
CITY OF TUKWILA:
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Signature Signature
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Print Name
Property Management Manager YY) O r-
Title Title 2 it d--13'')
Date Date r�
APPROVED AS TO FORM:
Sound Transit Legal Counsel
City of Tukwila Right of Entry 6 of 7
City of Tukwila Right of Entry
EXHIBIT A
THE PROPERTY
7 of 7
Please Initial
PUGET SOUND ENERGY
The Energy To Do Great Things
PERMIT FOR LIMITED USE OF OPERATING PROPERTY
PERMIT NO. 25-23-04-2017-11-08
THIS LIMITED USE PERMIT made this day of , 20_ ("Effective
Date") by and between PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein) and
the CITY OF TUKWILA, a noncharter optional municipal code city ("Permittee" herein).
In consideration of the mutual promises of the parties and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. Property. PSE hereby grants permission to Permittee to use the following described real
property:
King County Assessor parcel numbers 000580-0008, 000580-0036, 252304-9023, and
252304-9050
(the "Property" herein) situated in King County, Washington, subject to the terms and conditions of this
Permit.
2. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit shall be
through and including March 31, 2018 (the "Term"), unless mutually extended in writing by both PSE and
City of Tukwila, which PSE may withhold in its sole absolute discretion.
3. Rent. This Permit is granted for and in consideration of mutual benefits to be derived therefrom
("Rent").
4. Use. Permittee may use the Property to collect necessary survey data for a street improvement
project titled Strander Boulevard/SW 27th St. Extension (Phase 3).
ANY ADDITIONAL USE OF THE PROPERTY REQUIRES PSE'S PRIOR WRITTEN
APPROVAL, WHICH PSE MAY WITHHOLD IN ITS SOLE AND ABSOLUTE
DISCRETION. Permittee acknowledges that the Property is an operating utility property of PSE
and that PSE may use same for the purposes of its utility business as fully as if this Permit had
not been given. Permittee shall not erect any building or structures of any kind on the Property,
or use the Property for any purpose other than specified in this Paragraph. Permittee shall
comply with all laws and ordinances applicable to the Property and Permittee's use thereof and
shall keep the Property free from any and all liens which might arise as a result of Permittee's use
and occupancy of the Property.
5. Pre -Use Coordination. Permittee shall, prior to any use of the Property, provide PSE written
notice at least Ten (10) business days before commencing any of Permittee's work to describe all of
Permittee's proposed work under this agreement on the Property. Said notice shall be provided to Jason
Airey, Project Manager, South King — Electric, by e-mail at Jason.Airev c(Dpse.com. Any of Permittee's
work, including but not limited to survey and potholing, may proceed only after Permittee's work is
approved by PSE in writing in advance. Permittee shall comply with PSE's required conditions and
supervision of Permittee's work on PSE's Property.
6. Indemnity; Environmental.
a. General Indemnity. Permittee acknowledges that the Property is subject to the hazards
incident to the operation of electric and gas utility systems. Permittee hereby agrees that PSE shall not
be liable for (i) any damage, injury, loss, expense or death suffered by Permittee or Permittee's agents,
employees, permittees, assignees, invitees, or contractors (collectively, the "Permittee Parties") on the
Property, or (ii) any damage, injury, loss, expense or death suffered by third parties, resulting from the
use of the Property. Permittee will defend, indemnify and hold PSE and its affiliates, agents, servants,
directors, officers and employees (the "PSE Parties") harmless from and against any and all losses,
claims, demands, actions, fines, suits, damages, penalties, liabilities, expenses, and costs (including,
without limitation, reasonable attorneys' fees) resulting from allegations or claims brought against PSE or
the PSE Parties occasioned by (i) injuries or damages to any person or entity or damage to, or theft or
loss of, property occurring in or about the Property caused by Permittee's or any Permittee Party's use of
the Property, or (ii) any actual or alleged breach of this Permit by Permittee.
b. Environmental Indemnity. Permittee will defend, indemnify and hold PSE and the PSE
Parties harmless from and against any and all losses, claims, demands, actions, fines, suits, damages,
penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action,
or cleanup expenses), and costs (including, without limitation, reasonable attorneys' fees, consultant fees,
or expert fees) which are brought or recoverable against, or suffered or incurred by PSE or any PSE
Parties, which arise from or relate in any way to Hazardous Materials that are brought onto the Property
by Permittee or any of the Permittee Parties. As used herein, "Hazardous Materials" means and includes
any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under
any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof,
natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and
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such synthetic gas); and "Environmental Requirements" means and includes all applicable present and
future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of
any governmental authority or agency regulating or relating to health, safety, or environmental conditions
on, under, or about the Property or the environment, including, without limitation, the following: the
Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation
and Recovery Act; the Model Toxics Control Act, and any regulations or policies promulgated or issued
thereunder.
c. General Provisions. Without limiting the generality of the foregoing, for purposes of the
indemnities provided pursuant to this Permit, Permittee hereby waives its immunity under the Washington
State Industrial Insurance Act, Title 51 RCW, and all other applicable industrial insurance/worker's
compensation acts or their equivalent in the applicable jurisdiction. In case any action or proceeding is
brought against PSE or any PSE Party and such claim is a claim from which Permittee is obligated to
indemnify pursuant to this Section, then Permittee, upon notice from PSE, shall resist and defend such
action or proceeding with respect to that claim (by counsel reasonably satisfactory to PSE) at Permittee's
expense. The furnishing of insurance required hereunder will not limit the Permittee's obligations under
this Section. The obligations of Permittee under this Section will survive termination or expiration of this
Permit.
Signature R.
7. Insurance.
1\1 iN tal b.e/ 21 ,
Date
a. Policies. Permittee shall at all times during the Term, at its sole cost and expense,
procure and maintain, or cause its agents, contractors and subcontractors to procure and maintain, in full
force:
i. Insurance in accordance with the applicable laws relating to Workers'
Compensation and Employers' Liability insurance, regardless of whether such coverage or
insurance is mandatory or merely elective under the law;
ii. Commercial Auto Liability coverage including owned, hired and non -owned autos
with limits of $2,000,000 per occurrence for bodily injury (including death) and property
damage;
iii. Commercial General Liability coverage on an "occurrence" basis, including
coverage for products/completed operations, explosion, collapse and underground hazards,
broad form property damage, blanket contractual liability, independent contractors and
personal injury, with coverage limits of $2,000,000 for bodily injury (including death) and
damage to property; and
iv. Umbrella Excess Liability coverage with limits not less than $1,000,000 per
occurrence.
b. Insurance Requirements. All insurance required to be held by Permittee under this
Permit shall:
i. Be placed with such insurers and under such forms of policies as may be
acceptable to PSE, having A.M. Best's Financial Security ratings of at least A-; VII;
ii. With the exception of Workers' Compensation and Employers' Liability, be
endorsed to name PSE as an additional insured;
iii. With the exception of Workers' Compensation and Employers' Liability, apply
severally and not collectively to each insured against whom claim is made or suit is brought,
except that the inclusion of more than one insured shall not operate to increase the insurance
company's limits of liability as set forth in the insurance policy; and
iv. Provide that the policies will not be canceled or their limits or coverage reduced
or restricted without giving at least thirty (30) days prior written notice to the Real Estate
Department of Puget Sound Energy at its home office: Puget Sound Energy, PO Box 97034
PSE-10S, Bellevue, Washington 98009-9734.
c. General Provisions. All insurance or self-insurance maintained by PSE is excess and not
contributory insurance with the insurance required within this Section 6. Permittee shall ensure that any
policies of insurance that Permittee or Permittee's agents, contractors or subcontractors carry against
loss of or damage to property (including, but not limited to tools, equipment, vehicles, watercraft and
aircraft) or against liability for property damage or bodily injury (including death) shall include a waiver of
the insurer's right of subrogation against PSE. To the extent allowed by its policies, Permittee hereby
waives all rights of subrogation or otherwise that Permittee may have against PSE or any insurance
company arising from any risk to the extent covered by, or would have been covered by, Permittee's
insurance required hereunder. Permittee shall furnish to PSE insurance certificates, or copies of policies
if requested, upon mutual execution of this Permit, and thereafter, fifteen (15) days prior to the expiration
date of such policies. The requirements of this Section 6 and the acceptability to PSE of insurers and
insurance to be maintained by Permittee are not intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by Permittee under this Permit.
7. Assignment; Termination. This Permit is not assignable. PSE may terminate this Permit for any
reason upon thirty (30) days' notice to Permittee.
8. Surrender and Holdover. Upon expiration or earlier termination of this Permit, Permittee shall
remove any personal property or facility which Permittee has placed upon the Property and shall
otherwise restore the Property to as good a condition as it was prior to the issuance of this Permit.
9. Default. Permittee will be in default if Permittee fails to (a) pay any amount due under this Permit
within 5 days after such amount is due, or (b) comply with any other provision of this Permit within 10
days after receipt of notice, provided that where any such default cannot reasonably be cured within a 10
day period, Permittee will not be in default if Permittee commences to cure the failure within the 10 day
period, and thereafter diligently pursues the cure (but in no event shall such extended cure period exceed
sixty (60) days). If Permittee is in default pursuant to this Section, PSE may terminate this Permit
immediately upon notice to Permittee and/or pursue any other remedies at law or in equity.
10. Consequential Damages. PSE will not be liable to Permittee for consequential damages, such
as lost profits or interruption of Permittee's business.
11. No Waiver. No waiver by PSE of any provisions of this Permit is a waiver of any other provisions
hereof or of any subsequent breach by Permittee.
12. Miscellaneous. This Permit is governed by the laws of the State of Washington, excluding its
conflicts of law rules. If any provision of this Permit is determined by any court or governmental authority
to be unenforceable, the parties intend that this Permit be enforced as if the unenforceable provisions
were not present and that any partially valid and enforceable provisions be enforced to the extent that
they are enforceable. This Permit constitutes the complete and final agreement of the parties pertaining
to the Property and supersedes the parties' prior agreements, understandings and discussions relating to
the Property. No modification of this Permit is binding unless it is in writing and signed by PSE and
Permittee. This Permit may be executed in any number of counterparts, each of which will be deemed an
original and all of which counterparts together constitutes on agreement with the same effect as if the
parties had signed the same signature page.
EXECUTED as of the date first above written.
ACCEPTED:
CITY OF TUKWILA
By:
n't4 C tU�1`�l - J4i.1 t`lL}iae,�
Address: (0LD 524.Akcp
Phone: (k6,) 4-271 dLL (
Puget Sound Energy, Inc.
By:
Sr. Real Estate Rep